Florida District Courts of Appeal, 2002

Bivens v. State

Bivens v. State
Florida District Courts of Appeal · Decided February 13, 2002 · Klein, Shahood, Taylor
813 So. 2d 963; 2002 Fla. App. LEXIS 1412; 2002 WL 216429 (Southern Reporter, Second Series)

Bivens v. State

Opinion of the Court

PER CURIAM.

We affirm the denial of appellant’s rule 3,850 motion and certify as a question of great public importance the same question certified in Major v. State, 790 So.2d 550, 553 (Fla. 3d DCA) review granted, 797 So.2d 586 (Fla. 2001).

WHETHER THE TRIAL COURT OR COUNSEL HAVE A DUTY TO ADVISE A DEFENDANT THAT HIS PLEA IN A PENDING CASE MAY HAVE SENTENCE ENHANCING CONSEQUENCES IF THE DEFENDANT COMMITS A NEW CRIME IN THE FUTURE?

KLEIN, SHAHOOD and TAYLOR, JJ., concur.

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